Milburn v. State
Court of Appeals of Maryland
Upon appeal from St. Mary’s eounty court by tbe defendants therein. This action was brought upon the bond of Alexander Mil-burn, who bad been appointed tbe collector of taxes in St. Mary’s county; tbe other appellees were his securities. The bond bears date 26th April 1845, and is conditioned for the faithful performance of bis duty as collector of tbe State taxes for the year 1845. Oyer being given, tbe defendants in the court below pleaded: — 1st. General performance. 2nd.
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Upon appeal from St. Mary’s eounty court by tbe defendants therein. This action was brought upon the bond of Alexander Mil-burn, who bad been appointed tbe collector of taxes in St. Mary’s county; tbe other appellees were his securities. The bond bears date 26th April 1845, and is conditioned for the faithful performance of bis duty as collector of tbe State taxes for the year 1845. Oyer being given, tbe defendants in the court below pleaded: — 1st. General performance. 2nd. That the said Alexander Milburn was appointed, by the commissioners of St. Mary’s county, collector, on the 6th May…
1Opinion of the CourtLe Grand, C. J.
“This is an action instituted in St. Mary’s county court, upon the bond of Alexander Milburn, given by him and his sureties for the faithful performance of his duty, as collector of the State tax, for the year 1845. In bar of the right of the plaintiff to recover, the defendant interposed eleven pleas. The case having been before the late Court of Appeals, it is conceded the opinion then pronounced, settled adversely to the defendants, the third and fourth pleas. There is no appeal from the ruling of the court on the demurrer to the second plea, and the eighth and tenth, as is the case with…
2Cases cited2 opinions
- Lloyd v. BurgessCourt of Appeals of Maryland · 1846
- Garner v. SmithCourt of Appeals of Maryland · 1848
3Cited by7 opinions
- Tate and Hall v. StateCourt of Special Appeals of Maryland · 1976
- State Ex Rel. Zupancic v. SchimenzWisconsin Supreme Court · 1970
- State v. DaweIdaho Supreme Court · 1918
- Board of Supervisors of Fairfax County v. MasseySupreme Court of Virginia · 1969
- Lake Roland Elevated Ry. Co. v. WeirCourt of Appeals of Maryland · 1897
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